Rudd to appeal sentence

Rocker Phil Rudd has lodged an appeal against his eight month home detention sentence.

The 61-year-old former AC/DC drummer was sentenced in Tauranga on Thursday after earlier pleading guilty to charges of threatening to kill and possession of methamphetamine and cannabis.

A bid to gain a discharge without conviction failed and Rudd was ordered to stay at his waterfront Harbour Drive home where he was to be electronically monitored 24 hours a day.

Judge Thomas Ingram also ordered the former drummer not to take any drugs that were not prescribed to him.

His lawyer Craig Tuck confirmed to Radio NZ an appeal had been lodged with the High Court.

In sentencing, the court heard Rudd's actions were the result of methamphetamine psychosis and he was addicted to the drug.

Affidavits to the court said Rudd would lose tens of millions of dollars if he was convicted because he couldn't tour to certain countries with AC/DC.

Judge Ingram said there was no evidence he had an offer from the band and he was not convinced that Rudd's drumming was integral to the AC/DC sound.

"Queen replaced Freddie Mercury," said Judge Ingram.

It was revealed in November last year that Rudd had been arrested and charged with drugs offences and attempting to procure a murder, a charge that was dropped 24 hours later.

In April, when Rudd pleaded guilty, the court heard he'd made a call to an associate asking him to "take out" a former security guard turned personal assistant after becoming angry when his solo album launch in August last year flopped.

He fired a number of employees, including his victim.

On September 25 at 8.12pm Rudd phoned an associate in Australia saying he wanted the victim "taken out", and "taken care of because they were a bunch of f***en c****.

Rudd then offered the associate $200,000, one of his cars, a motorbike or a house, which the associate believed was payment for the request.

The next day at 8.27am, Rudd called the victim and asked if he was "on today", the victim said yes at which point Rudd said "I'm going to come over and kill you".

Rudd made two further calls to the same victim, who hung up after realising it was Rudd.

Police then obtained a warrant to search Rudd's Bureta home in Tauranga on November 6.

When police arrived Rudd was in the lounge and attempted to conceal a container of crumbs, which after testing was found to be 6gms of cannabis.

Rudd then pulled out a bag of cannabis from the couch, the court was told.

ESR testing found the bag contained a further 20.2gms of cannabis.

When police arrived at the home Rudd was wearing jeans and no shirt. In his front jeans pocket police discovered a white powder, which turned out to be 0.273gms of methamphetamine.

Police searched the home where they found 0.205g of methamphetamine in the master bedroom, 47.2gms of cannabis in the hallway cupboard, and a further 17.9gms of cannabis in the pool room bedroom.

A total of 0.478gms of methamphetamine and 91gms of cannabis was found.

Previously Rudd said he'd seen the error of his ways and wished he was touring with AC/DC again.

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22 comments

Extremely cool!!!!

Posted on 10-07-2015 12:03 | By sambo's back

the sequel begins, imagine is this Taurangas version of "A Game Of Thrones"?, get over yourself Phil,what a plonker!!!!


Oh dear...

Posted on 10-07-2015 12:12 | By penguin

...his lawyer maintains that the sentence was "manifestly excessive." Considering what the sentence could have been, I suggest Rudd got off lightly, especially considering he pleaded guilty to the serious charges. As for potentially 'losing' 'tens of millions of dollars,' that is one of the prices one pays along with other penalties. Time for reality!


Keep your head down

Posted on 10-07-2015 12:38 | By The Sage

I thought he got off relatively lightly. This could go horribly wrong, meanwhile the lawyer is well on the gravy train.


Wonderful

Posted on 10-07-2015 13:01 | By kellbell

Now the Crown has the golden opportunity to cross appeal the sentence which was manifestly to light. 2years of some sort of detention would be a minimum plus a large fine and the Crowns full costs on the prosecutions.Discharges without conviction are not rubber stamped and 2 already should mean 3 strikes and you are out of circulation.


Overit

Posted on 10-07-2015 13:02 | By overit

If Phil wants to fly helicopters I think its time to "clean up".


Reality Mr Rudd

Posted on 10-07-2015 13:27 | By tia

It appears to me that those advising Mr Rudd have lost any association with reality. Two things come out of this,1) you have been discharged without conviction on two previous occasions and 2) Isn't it likely that the current sentence could be increases and you would not have the benefit if gazing out to the beautiful Tauranga harbour for the next 8 months?


Washed up

Posted on 10-07-2015 14:34 | By What now

Honestly the judge was right, no one is indispensable. He's done the crime he has to do the time. 61 years old and hasn't learnt his lesson. ACDC don't need that kind of publicity and they have already replaced him.


Good luck

Posted on 10-07-2015 15:44 | By maildrop

Biggest question is whether he can stay off drugs as per the 'order' of the Judge. Presumably they will drug test? Good to see the Judge is a Queen fan. Keeping it real.


Kellbell

Posted on 10-07-2015 17:03 | By YOGI BEAR

he is now out of circulation, not part of ACDC and now a conviction so limited places now left to travel to.


Cruel and unusual punishment

Posted on 10-07-2015 18:50 | By Bronzewing

No wonder he is appealing. Just imagine sitting in your luxury pad with all that booze knowing the judge has told him he isn't allowed to touch it. In the words of Sgt Major Shut Up "Oh dear, how sad, never mind"


Taking the mickey!

Posted on 10-07-2015 19:34 | By monty1212

Enough is enough and sometimes lawyers get it wrong! He should get out while the law is on his side as he has virtually been let off here. A good chance thAt he could get the sentence increased and what would the lawyers fees be worth then?


He would have name sup....

Posted on 10-07-2015 21:06 | By Dazed and Confused

If He was an All Black...


Phil?...Get real buddy

Posted on 10-07-2015 21:09 | By Bruja

Phil You were given literally a 'get out of jail free' card, use it don't abuse it.Simple stuff mate, STOP THE DRUGS! Helloooooo??? Earth to Phil, Earth to Phil......:O GET REAL!


Boring

Posted on 11-07-2015 02:55 | By luka dog

WHO CARES??


Seriously Phil

Posted on 11-07-2015 08:59 | By earlybird

You're going to appeal this sentence. I hope your lawyer is strongly advising you to man up and do the time. I mean HD is not going to be that unpleasant. Spring Hill on the other hand is an experience you will not like and there's a very good chance that that's where you'll end up. So man up and get on with it. Many people think that you've got off pretty lightly to date so do yourself a favour and drop the appeal before you shoot yourself in the foot. Drug addiction is a terrible thing but it's not an excuse. Do yourself a favour and clean up your act before it's too late.


DEPORT ASAP

Posted on 11-07-2015 16:41 | By simple.really

why have we not deported him back to Australia???? Not even a NZ citizen!!! Do we really need or want him here?


GOOD FOR THE GOOSE GOOD FOR THE GANDER

Posted on 12-07-2015 10:16 | By kellbell

Assault, drugs and threatening to kill record charges so if holds an Australian passport then should be deported back to Australia at end of any sentence . That's what the Ockers would do to a Kiwi.


simple.really

Posted on 12-07-2015 14:47 | By YOGI BEAR

Yes deport, but I think the Bangkok Hilton has its door open for the likes of Mr. Rudd. As a guest he would hit the floor with a thud, face in the mud, it then he behaves or get a scud.


Judge was an ACDC fan

Posted on 13-07-2015 10:04 | By sharon kingi

What an idiot. Money seems to talk in the judicial system. Does he think it will talk a fourth time. Let him appeal and waste taxpayers money again. Maybe he will get the sentence he should have been dealt instead of the slap on the hand he was given.


When you are warm and happy don't rock the boat

Posted on 13-07-2015 20:42 | By ROCCO

Languishing in the Hotel California type pad with extensive Tauranga Harbour views along with meals on wheels and minders on tap must be a terrible imposition.Things could get a whole lot worse like solitary confinement and a real penalty imposed.Conjure that little scenario.


sharon kingi

Posted on 19-07-2015 15:13 | By YOGI BEAR

Welcome to the reality of it all, if you have the money then twisting and turning out of jail is easy, why do you think it is called The Ministry of Just-Us?


Appeal?

Posted on 20-07-2015 17:35 | By Kenworthlogger

Cant see him winning an appeal now. But then again when you are an all black or someone famous in this case anything could happen.


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